ACCEPTED 06-14-00100-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 10/16/2015 4:18:59 PM DEBBIE AUTREY CLERK NO.06-14-00100-CV MARK MUELLER § IN THE SIXTH FILED IN 6th COURT OF APPEALS Appellant § TEXARKANA, TEXAS § 10/16/2015 4:18:59 PM vs. § COURT OF APPEALS DEBBIE AUTREY Clerk § JAMES H. DAVIS, § INDIVIDUALLY AND D/B/A § JD MINERALS AND JDMI, LLC § Appellees § TEXARKANA, TEXAS APPELLEES’ MOTION FOR LEAVE TO FILE SUR-REPLY BRIEF TO THE HONORABLE JUSTICES OF SAID COURT: NOW COME James H. Davis, Individually and d/b/a JD Minerals and JDMI, LLC, Appellees, and respectfully file this Motion for Leave in accordance with Texas Rule of Appellate Procedure 10 and would show the Court that: The Appellees wish to file their Sur-Reply Brief to Appellant’s Reply Brief and Reply to Response to Motion for Sanctions. Appellees Sur-Reply Brief is filed contemporaneously with this motion for leave.

Oral Argument is set for November 18, 2015 at 10:00 a.m. in Texarkana.

WHEREFORE, PREMISES CONSIDERED, Appellees’ pray that the Court grant their Motion for Leave to file their Sur-Reply Brief.

Page 1 of 3 Respectfully Submitted, ANDERSON, LEHRMAN, BARRE & MARAIST, LLP Gaslight Square 1001 Third Street, Suite 1 Corpus Christi, Texas 78404 Telephone: (361) 884-4981 Facsimile: (361) 884-9618

By: /s/ Douglas D. McLallen Douglas D. McLallen State Bar No. 00788025 ATTORNEYS FOR APPELLEE

Marshall C. Wood State Bar No. 00797690 Norton & Wood, LLP Main Street Post Office Box 1808 Texarkana, Texas 75504 Telephone: (903) 823-1321 Facsimile: (903) 823-1325 Email: [email protected]

Page 2 of 3 CERTIFICATE OF CONFERENCE As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I have conferred, or made a reasonable attempt to confer, with all parties.

Bob Whitehurst, Counsel for Appellant, Mark Mueller, opposes Appellees’ Motion for Leave to file Appellees’ Sur-Reply Brief.

/s/ Douglas D. McLallen Douglas D. McLallen

CERTIFICATE OF SERVICE I certify that on October 16, 2015, a true and correct copy of foregoing was served on counsel of record as indicated below.

Mr. Bob Whitehurst Via Electronic Delivery: [email protected] Whitehurst & Whitehurst Attorneys at Law 5380 Old Bullard Road, Suite 600, #363 Tyler, Texas 75703

/s/ Douglas D. McLallen Douglas D. McLallen

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